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Joint Owners of Erf 5216 Hartenbos v Minister of DEADP and Body Corporate of Pansy Cove

Pays/Territoire
Afrique du Sud
Type de cour
Nationale - cour supérieure
Date
Sep 2, 2010
Source
UNEP, InforMEA
Nom du tribunal
Western Cape High Court
Juge
Baartman.
Numéro de référence
23635/2009
Langue
Anglais
Sujet
Questions juridiques, Terre et sols, Environnement gén.
Mot clé
Planification territoriale Gestion des zones côtières
Résumé
In the present case the applicants sought to erect a building development on their property which at its lowest point would be 25m above the high water mark. A number of the activities that the applicant intended taking on their property to further their development were activities listed in the National Environmental Management Act EIA Regulations 2006 (the EIA regulations 2006) and as such the respondents argued that they required authorisation. However, the applicants contended that they had filled and compacted a depression on the property prior to the EIA Regulations 2006 coming into force and as such they had commenced all the listed activities that they would undertake in their development and where consequently exempted from obtaining environmental authorisation for the listed activities. The applicant argued that because the filling in and compaction were essential for the development, it was carried out in the furtherance of every listed activity that would be undertaken in the development. The Court held that an applicant must apply for and obtain authorisation in respect of each listed activity it intends undertaking in a development. To commence a particular activity, the physical activity undertaken must be in the furtherance of the listed activity. For an activity to qualify as being in furtherance of a listed activity there must be some reasonably direct connection between the physical activity undertaken and the listed activity. The Court held that there must be a connection between the physical activity and each individual listed activity. On the facts, that the Court held that the applicant had failed to make out a case that there was a direct connection between the act of filling in a depression and any of the listed activities. As such the application was dismissed.
Texte intégral
COU-159338.pdf